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V.S. Wahi's Treatise on Insolvency and Bankruptcy Code (As Amended by The Insolvency & Bankruptcy Code (Amendment) Act, 2021) (2 Volume set)

V.S. Wahi's Treatise on Insolvency and Bankruptcy Code (As Amended by The Insolvency & Bankruptcy Code (Amendment) Act, 2021) (2 Volume set)

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  • Author(s): V.S. Wahi, A.K.Sikri
  • Publisher: Bharat Law House
  • Edition: 4 Ed 2022
  • Approx. Pages 3112 + Contents
  • Format Hardbound
  • Approx. Product Size 24 x 16 cms
  • Delivery Time Normally 7-9 working days
  • Shipping Charge Extra (see Shopping Cart)

Thoroughly Revised & Enlarged
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Description
It gives me great pleasure in presenting the Fourth Edition of this work; which is a thoroughly revised and updated version of this classical treatise. In India, prior to enactment of a single unified Insolvency and Bankruptcy Code, 2016, for all legal entities, the corporate insolvency procedure (CIRP) was governed by three legislations, namely, the Companies Act, 2013, Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), and SARFAESI Act, 2002. As at that time there was no specific legislation relating to insolvency of companies, the Courts have been applying the insolvency principles in matters relating to insolvent companies under the aforesaid statutes. As far as matters relating to insolvency of individuals, sole proprietorships and partnership firms are concerned, the law contained in two statutes applied, namely, Presidency Towns Insolvency Act, 1909, and Provincial Insolvency Act, 1920. However, with the enactment of the IBC, 2016, the said Acts have been repealed by section 243(1) of the Code. But under the same provision, notwithstanding the repeal under sub-section (1), all proceedings pending under those Acts, immediately before the commencement of this Code shall continue to be governed under the Acts of 1909 and 1920, as if those Acts have not been repealed. Part III of the Insolvency Code, which is modelled on UK law, contains a robust mechanism of insolvency resolution and bankruptcy for individuals and partnership firms. The provisions of this Part have not so far been notified (except section 79 in so far it relates to personal guarantors to corporate debtor) and hence not implemented.
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Contents
Volume 1
Division 1:    The Insolvency And Bankruptcy Code, 2016
Part I:    Preliminary
Part II:    Insolvency Resolution and Liquidation for Corporate Persons

Chapter 1:    Preliminary
Chapter 2:    Corporate Insolvency Resolution Process
Chapter 3:    Liquidation Process
Chapter 4:    Fast Track Corporate insolvency Resolution Process
Chapter 5:    Voluntary Liquidation of Corporate Persons
Chapter 6:    Adjudicating Authority for Corporate Persons
Chapter 7:    Offences and Penalties
Part III:    Insolvency Resolution and Bankruptcy for Individuals and Partnership Firms
Chapter 1:    Preliminary
Chapter 2:    Fresh Start Process
Chapter 3:    Insolvency Resolution Process
Chapter 4:    Bankruptcy Order for Individuals and partnership Firms
Chapter 5:    Administration and Distribution of the Estate of the bankrupt
Chapter 6:    Adjudicating Authority for Individuals and Partnership Firms
Chapter 7:    Offences and Penalties
Volume 2
Part IV: Regulation of Insolvency Professionals, Agencies and Information Utilities
Chapter 1:    The Insolvency and Bankruptcy Board of India
Chapter 2:    Powers and Functions of the Board
Chapter 3:    Insolvency Professional Agencies
Chapter 4:    Insolvency Professionals
Chapter 5:    Information Utilities
Chapter 6:    Inspection and Investigation
Chapter 7:    Finance, Accounts and Audit
Part V: Miscellaneous
Division II:    Insolvency And Bankruptcy Code, 2016 Alongwith Regulations And Rules 
Division III:   Allied Acts & Rules
Division IV:   Prudential Framework for Resolution of Stressed Assets  
Division V:     Report on IBC
SUBJECT INDEX                                                                             
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Author Details
V.S.Wahi,
B.Com (Hons), LL.B., M.B.A., M.Phil, Advocate 
(Former Chief Commissioner of Income Tax & Ex-Member, Company Law Board)
Justice A.K.Sikri, Judge Supreme Court of India

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